The Constitutional Court's Decision On Criticism Is Considered To Strengthen Democracy And Prevent Criminalization

Illustration of hate speech (pixbay)

JAKARTA Member of the Indonesian House of Representatives as well as Spokesperson for the Prosperous Justice Party (PKS), Muhammad Kholid, assessed that the decision of the Constitutional Court (MK) regarding criticism in the digital space is an important milestone in strengthening freedom of expression in Indonesia.

This decision, he said, also prevents criminalization of public criticism and strengthens digital democracy in the era of information disclosure.

The Constitutional Court through decision Number 115/PUU-XXII/2024 confirmed that criticism submitted in the digital space cannot be punished just because it triggers a commotion or debate on social media.

Critics is like vitamins. Maybe it feels bitter, but that's precisely what makes democracy healthy. This Constitutional Court decision takes care of the substantive values of democracy," said Kholid, quoted from Antara, Friday, May 2.

Kholid added that a strong country is built from courage and honesty in hearing and responding to public criticism wisely and maturely. He also highlighted the legal clarity in the decision, especially regarding the phrase construction' which in the Electronic Information and Transactions Law (UU ITE) only applies to disturbances of order in the physical space, not in cyberspace.

In addition, the Constitutional Court emphasized that the phrase other people' in Article 27A and Article 45 paragraph (4) of the ITE Law does not cover government institutions, institutions, positions, or professions.

"This means that criticism of state institutions cannot be punished just because it is considered to have attacked the good name," explained the member of the Legislation Body of the DPR RI.

He called the decision a form of wise constitutional correction, as well as a reminder that the law should protect the people, not scare.

According to Kholid, freedom of expression is the main foundation of democracy. If criticism is convicted, he said, what will grow is not progress, but suspicion and fear among the nation's citizens.

However, he stressed the importance of strengthening digital literacy so that freedom of expression is not misinterpreted. This freedom, according to him, must be carried out with responsibility, conveyed factually, ethically, and constructively, not as a means of venting emotions or spreading disinformation.

"This Constitutional Court decision must be a trigger for the growth of a healthy public environment, where residents can discuss, criticize, and help build the country without fear. However, of course in a smart and responsible way," said Kholid.

He also assessed that a healthy digital democracy is not enough to be supported only by fair regulations, but also by citizens who are information literate and digitally empowered.

For this reason, he encourages collaboration between governments, civil society, media, and educational institutions to create a digital ecosystem that is free, critical, and civilized.

"The ITE Law needs to be adjusted immediately to the Constitutional Court's decision. This is so that people who want to express their criticism honestly and actively participate do not lose hope," he concluded.